Yassine v Leichhardt Municipal Council [2012] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Yassine v Leichhardt Municipal Council [2012] NSWLEC 1283 Hearing dates: 27 September 2012 Decision date: 27 September 2012 Jurisdiction: Class 1 Before: Brown C Decision: The appeal is upheld and the council is directed to issue a building certificate on the terms set out in the orders. Catchwords: APPEAL: refusal to issue building certificate for alterations and additions to two attached dwellings - two air conditioning units located on roof - additional window constructed - inadequate landscaped area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Adnan Yassine (Applicant) Leichhardt Municipal Council (Respondent) Representation: Mr D Briggs, solicitor (Applicant) Ms J Walsh, solicitor (Respondent) Solicitors D G Briggs & Associates (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10335 of 2012

Judgment 1COMMISSIONER: This appeal under s 149F(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) relates to the refusal by Leichhardt Municipal Council to issue a building certificate (Building certificate application number BC/2011/109) for the development at 18 and 19A Cecily Street, Lilyfield where building works were not constructed in accordance with the approved plans. 2The appeal was subject of a conciliation conference under s 34 of the Land and Environment Court Act 1979 (the Court Act). As no agreement was reached, the conciliation conference was terminated pursuant to s 34(4)(a). The parties consented to me disposing of the proceeding at a later date pursuant to s 34(4)(b)(i) and on the basis of what occurred at the conciliation conference pursuant to s 34(4)(b)(ii).